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1 Unofficial translation Luxembourgish legislation valid only in French Law of 18 February 2013 on placement of au pair young persons, modifying 1. the amended Law of 29 August 2008 on free movement of persons and immigration 2. the Law of 4 July 2008 on youth 3. the Social Security Code Article 1. Au pair placement (1) Au pair placement means the temporary stay in a family, in exchange for light day-today family duties, of young foreigners who come to improve their linguistic knowledge as well as their general culture by acquiring a better knowledge of the country of stay, by encouraging them to take part in the cultural activities of the country. (2) The au pair young person s participation in day-to-day family duties shall not be the main purpose of the stay. It may not exceed an average of five hours per day over a period of one week. The weekly participation may not exceed an average of thirty hours over a period of one month or four weeks. (3) The provisions of the Labour Code do not apply to au pair placement. Article 2. Host families (1) The host family shall: 1 have among its members at least one child who is under 13 years old at the beginning of the au pair young person s placement; 2 for children who are under six years old, prove that their day-care placement has been planned for the term of the au pair young person s placement; 3 provide an extract from police records not older than three months old for all its adult members at the beginning of the au pair young person s placement, proving that the moral conditions are met; 4 subscribe to a statutory health and accident insurance scheme for the au pair young person pursuant to Articles 1 and 85 of the Social Security Code for the term of the au pair placement; 5 take out civil liability insurance with a duly approved insurer in Luxembourg for the au pair young person for the term of the au pair placement; 6 give the au pair young person at least three free evenings per week, in addition to a whole day off per week and two more days off per month; 7 give the au pair young person adequate time to attend language courses as well as for cultural improvement; 8 cover the costs related to language courses attended by the au pair young person; 9 provide board and lodging to the au pair young person; 10 provide the au pair young person with a separate room and give him/her free access to the house; 1

2 11 wire every month to the au pair young person a fixed amount equivalent to a quarter of the minimum social wage, as pocket money, regardless of potential inactivity periods of the au pair young person. Pocket money is exempted from general tax and social charges as provided for with respect to wages; 12 take care of potential early repatriation of the au pair young person due to illness, accident, withdrawal of the approval or withdrawal of the authorisation of the au pair young person. (2) The host family may host no more than one au pair young person at a time. (3) The host family shall have a written approval of the minister for youth, allowing it to host an au pair young person. (4) In order to obtain this approval, the host family shall: 1 meet the conditions laid down in paragraph (1), items 1 to 3 and agree to comply with the conditions laid down in the above items 4 to 12 ; 2 submit an application for approval to the minister for youth by way of a pre-established form including all supporting documents, and agree to provide a certificate of the au pair young person s affiliation to a statutory health and accident insurance scheme for the term of the au pair placement in accordance with Articles 1 and 85 of the Social Security Code within a month following the beginning of the au pair placement. (5) Approval shall be refused where the application contains incomplete or inaccurate data or where the conditions laid down in paragraph (1), items 1 to 3 hereabove are not fulfilled. (6) Approval shall be withdrawn where the host family ceases to satisfy the conditions for approval, respectively the commitments on the basis of which its granting was submitted, or where, by its actions, it endangers either the safety or the physical or psychological health of the au pair young person. It shall also be withdrawn where the host family does not meet the commitments under the au pair placement agreement concluded with the au pair young person. Article 3. Au pair young person. (1) The au pair young person shall: 1 be at least 18 years old and under 30 years old; 2 be resident of a country other than Luxembourg; 3 be holder of a permit giving him/her access, in the home country, to higher education or prove that he/she attended classes up to the age of 17; 4 have basic knowledge of one of the languages spoken by the host family as well as of English or one of the three languages of administration as defined in the Law of 24 February 1984 on the languages regime; 5 provide a medical certificate issued at least 3 months before his/her placement, certifying the au pair young person s ability to perform light day-to-day family duties, including child care; 6 have concluded an au pair placement agreement with an approved host family; 7 upon arrival, take part in a compulsory information session organised by the National Youth Service; 8 comply with laws on the entry and residence of aliens, 9 attend language courses during the term of the au pair placement; 10 not exercise any activity in an employed or self-employed capacity during the term of the au pair placement. 2

3 (2) The au pair young person shall have the approval of the Minister for Youth. (3) In order to obtain the approval, the au pair young person shall: 1 meet the conditions laid down in paragraph (1), items 1 to 6 and agree to comply with the conditions laid down in the above items 7 to 10 ; 2 submit an application for approval to the Minister for Youth by way of a pre-established form including all supporting documents, and agree to comply with the conditions laid down in the above items 7 to 10. (4) Au pair placement shall not exceed a period of one year. (5) Changing host families is only possible once and if the au pair placement does not exceed a total period of one year. (6) Approval may be withdrawn: 1 where the au pair young person has engaged in deceptive practices or has made inaccurate statements to obtain it; 2 where the au pair young person does not comply with the conditions or the made commitments on the basis of which the granting of approval was submitted. Article 4. Au pair placement agreement (1) The host family that wishes to host an au pair young person shall, before the au pair young person leaves his country of residence, conclude an au pair placement agreement with the au pair young person, defining the rights and obligations of each party. (2) The agreement shall necessarily include the following; 1 term of au pair placement; 2 time to be devoted to family duties as well as the provisional timetable; 3 days off; 4 location of the au pair placement and lodging conditions; 5 duties to be performed by the au pair young person and means made available to perform them; 6 language courses paid by the host family for the au pair young person; 7 amount of the allowance granted as pocket money to the au pair young person during the au pair placement; 8 reference to the fact that the agreement is concluded subject to the host family s approval agreement and the au pair young person s authorisation. Article 5. Early termination of au pair placement (1) The au pair placement is automatically terminated at the end of the term, in case of withdrawal of the host family s approval or in case of withdrawal of the au pair young person s authorisation. (2) If the host family s approval is withdrawn, the au pair young person s authorisation remains in effect, provided that the au pair young person provides a new au pair placement agreement within one month. (3) The au pair placement agreement may be terminated early with immediate effect in case of force majeure or gross negligence by one of the parties and by giving at least one month notice in any other cases. The party that is considering terminating the au pair 3

4 placement agreement shall notify the other party in writing with a copy thereof to the attention of the National Youth Service. (4) Where the host family is considering terminating the au pair placement agreement before the end of the term, it shall, before any decision, convene the interested person to a meeting where the reasons of the contemplated decision are explained and where the au pair young person s explanations are heard. The host family and the au pair young person have the right to ask for the mediation of a representative of the National Youth Service, provided that they inform the other party thereof beforehand and in good time. Article 6. Government contributions (1) The National Youth Service is in charge of the management, supervision and coordination of au pair placements. (2) The National Youth Service is responsible for the following tasks: 1 coordination between candidates and host families; 2 management of applications for approval of host families and applications for authorisation of au pair young persons. 3 supervision of au pair placements; 4 organisation of compulsory information sessions for young persons placed au pair in Luxembourg; 5 setting up of an emergency number for au pair young persons; 6 providing for mediation in case of discrepancies between host families and au pair young persons; 7 providing young persons from Luxembourg, who are willing to take part in an au pair placement abroad, with information on their rights and obligations. (3) Officials of the National Youth Service may, in the performance of their missions and with supporting documents of their duties, visit the host families homes, to check whether the conditions for approval provided for in Article 2 are met. Home visits may only take place between 7 a.m. and 8 p.m. Article7. Amending provisions (1) Article 7, item d) of the Law of 4 July 2008 on youth is replaced by the following text: d) manage, supervise and coordinate au pair placements in Luxembourg and promote European and international exchanges between young persons and actors working with young persons. (2) The amended Law of 29 August 2008 on free movement of persons and immigration is amended as follows: 1 Article 38, item 1d) is complemented by the words or au pair young person ; 2 The title of subsection 4 has the following wording: Stay permits for students, pupils, interns, volunteers or au pair young persons. 3 The following shall be added to Article 62 as new Article 62a: 62a (1) By application of Article 38, stay permits are granted by the minister to the third-country national for the purpose of an au pair placement if he/she meets the conditions as laid down in Article 34, paragraphs (1) and (2) and if he/she provides a written approval of the minister for youth as required by Article 3 of the Law of DDMMYYYY on au pair young people; 4

5 (2) The third-country national who is authorised to stay under paragraph (1) is granted under Article 40 a stay permit for au pair young person which is valid for a nonrenewable period of no more than one year. (3) Without prejudice to Article 101, stay permits for au pair young person may be withdrawn if the conditions for the granting of the approval are no longer met. The minister for youth shall promptly inform the minister in charge of withdraw of the au pair young person s authorisation. (3) The Social Security Code is amended as follows: 1 The following shall be added to Article 1, paragraph 1 as new item 21): 21) au pair young persons staying in a host family in accordance with the Law of DDMMYYYY on au pair young people. 2 Article 32 is complemented by an 11 th indent with the following wording: - shall be entirely borne by the host family for ensured people referred to in Article 1, under item 21). 3 The following shall be added to Article 85, paragraph 1 as new item 12): au pair young persons during the performance of family duties and attendance of language courses as defined in the au pair placement agreement provided for in Article 4 of the Law of DDMMYYYY on au pair young people. 4 Article 117 is amended as follows: By way of derogation from the above articles, children, schoolboys(girls), pupils and students referred to in Article 91 under item 1), young persons who provide volunteer services referred to in Article 85 under item 9) and au pair young persons referred to in Article 85 under item 12) shall be entitled to leave no early than from the age of 18 until the complete or partial pension equal to the product obtained by multiplying the degree of permanent incapacity by the minimum provided for in Article 104 increased by twenty per cent, provided that they are suffering from a work incapacity of at least twenty per cent within the meaning of Article The first sentence of Article 150 is amended as follows: Contributions shall be borne by the employer for insured people referred to in Article 85 under items 1), 2), 3), 6), 9), 10) and 11), by the religious congregation for insured people referred to in Article 85 under item 4), by the Government for insured people referred to in Article 85 under item 5) and by the host family insured people referred to in Article 85 under item 12). Article 8. Abbreviated title Any reference to this Law may be made by using the following abbreviated title: Law of 18 February 2013 on au pair young people. 5

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